Acts Amendment Research Articles

PLAN OGÓLNY I MIEJSCOWY PLAN ZAGOSPODAROWANIA PRZESTRZENNEGO W ŚWIETLE NOWELIZACJI POLSKIEJ USTAWY O PLANOWANIU I ZAGOSPODAROWANIU PRZESTRZENNYM

This article focuses on the amendments to the Act on Spatial Planning and Development introduced by the amendment of this normative act. The features of the new planning document, which will be a general plan, were indicated, while defining the scope of its regulation. The role of the local spatial development plan resulting from the amendment to the Act and the space regulated by this act of local law were also presented. Changes concerning the decision on setting development conditions were also indicated and transitional provisions were outlined.

The impact of historical traditions on the regulation and practice of the preferential naturalization of Hungarians living outside the borders

AbstractThe study presents the impact of the historical origin of the making and application of law through a specific example. The regulation of nationality, a pivotal field of constitutional law, is considered a sovereign right of the Hungarian state which is exercised in line with Article G) of the Fundamental Law and Act No. LV of 1993 on Hungarian Citizenship. Hungarian naturalization practice, however, significantly changed in the wake of the amendment of the respective act: Hungarians living outside the borders have been entitled to preferential naturalization since 2011. This study aims to prove that this legislative action, which remarkably followed the designation of the day of the conclusion of the Trianon Peace Treaty as the Day of National Unity the previous year, was obviously influenced by historical considerations. The primary objective of preferential naturalization was to grant Hungarian nationality to persons of Hungarian origin whose ancestors had lost their Hungarian nationality in the aftermath of historical events involving the transfer of territories to neighbouring states. The study's point of departure is the Trianon Peace Treaty, the first major instrument to have a profound effect on the nationality of millions of Hungarians. The study explores the peculiar interpretation and application of treaty provisions relating to territorial changes and reveals the flaws in legal regulation which further contributed to the formation of a large community of Hungarians living outside the borders. Having surveyed the historical background, the analysis proceeds to examine the impact of historical traditions on the underlying motives and current domestic regulation of preferential naturalization. Evidence includes the broad scope of eligible persons, the wide range of documents accepted to prove descent, the verification of the required command of language, and the practical implementation of the procedure of naturalization. Research findings convincingly display the far-reaching effects of historical traditions on the regulation and practice of preferential naturalization in Hungary.

Survey of knowledge and attitude regarding induced abortion among nurses in a tertiary hospital in Thailand after amendment of the abortion act: a cross-sectional study

BackgroundThe abortion act in Thailand is approximately 60 years old. However, because of increasing problems due to unsafe abortions, the act was recently amended to accord a legal status for abortions. In the southernmost provinces of Thailand, most people follow the Islamic faith, according to which induced abortion is a sin for both the providers and the pregnant women. This may affect the attitude of the medical staff, such as registered nurses, who play an important role in abortion services. Our study aims to evaluate the knowledge of the amended abortion act, attitude toward abortions and the intentions behind them, and willingness to perform abortions among registered nurses.MethodsA cross-sectional study was conducted from January 2022 to February 2022 wherein a self-administrated questionnaire was electronically distributed to 450 registered nurses practicing at a tertiary hospital in the southernmost province of Thailand. Linear regression analysis and Fisher’s exact test were conducted to evaluate the association between basic characteristics, knowledge scores, and attitudes toward induced abortion.ResultsA total of 375 nurses (83.3%) completed the survey. Most participants were Muslim (58.9%), and 18.7% of them correctly answered > 80% of the knowledge questions. Among all the participants, 41.4% had a favorable attitude toward induced abortion, of which 21.3% were willing to provide safe abortion services. Knowledge scores were independently associated with practicing in obstetrics-gynecology departments and a lower age. Participants practicing Buddhism and having good knowledge scores tended to have favorable attitudes toward abortion.ConclusionsNurses in the southernmost province of Thailand lack knowledge regarding the amended abortion act and do not have a favorable moral attitude toward abortion. Favorable attitudes toward abortions, support toward intentions behind abortions, and a willingness to provide abortion services were all lesser among the Muslim participants than among the Buddhist participants. Compared with participants who scored lower, those with higher knowledge scores had a better moral attitude toward abortion and, in turn, demonstrated a greater intention to provide abortion services. Encouraging nurses to gain better knowledge may improve their attitude toward abortion, which may positively influence future medical practices.

MA’MURIY AKTNI O‘ZGARTIRISH VA BEKOR QILISHNING O‘ZIGA XOS XUSUSIYATLARI: TAKLIF VA MUAMMOLAR

In this article, the concept of the Civil Service Act is analyzed scientifically and as a result of theoretical and practical research, several proposals and interpretations are presented of the law on administrative procedures of the Republic of Uzbekistan. The role and importance of administrative procedures in the field of Public Administration, scientifically based analysis of the definition, self-productivity and importance of administrative acts issued by administrative bodies are presented. At the same time, the application of the administrative act, the role and importance of the administrative act in the administrative law are explained in detail. It has also been analyzed and examined on the basis of scientific research and conclusions of foreign and National Scholars on the specific features, procedures and significance of the amendment and abolition of the administrative act. There are also scientifically based opinions on the amendments and repeals of administrative acts on the basis of complaints and applications of the interested person, the specifics of changes and repeals by other bodies in cases provided by law, and their reflection in the legislation. At the same time, based on the experience of developed foreign countries, proposals and recommendations for our legislation have been developed.

Do Peripheral Development Increase Vulnerability? Case Study from Dhaka, Bangladesh

Due to rapid urbanization, the pattern of land use is being changed in the fast-growing cities especially in the developing countries. In most cases, development is taking place without proper guidance, increasing disaster risk may arise from different hazards. As a result of haphazard development, damage and loss increasing gradually where a number of cities in the developing countries had to face adverse situation. This paper focuses the rapid development trend of Dhaka City. Being the central attraction of national investment, the city is experiencing fast development vertically in the inner areas and on the marshy lands towards urban fringe. Building code is not being followed properly, leading to fragile construction. There are incidents of building collapse even without effect of any hazard. Moreover, a number of housing estates being developed on recently in-filled low laying areas. The development on marshy land is highly vulnerable to earthquake liquefaction effect and flood that increasing the risk in the newly developed areas. Therefore, the rapid development on marshy land in the periphery should be considered for effective urban planning. The paper explores the trend and reasons behind spatial expansion of the city and its effect to natural hazards. Case study approach was adopted, investigating details of two peripheral areas of the city. Increase in Housing Estate is most notable change that happened due to population growth and land price during past decades. Weaknesses in execution of existing acts, rules and Master Plan give clear indication of the gaps in guiding the development properly. The research concluded with the challenges to deal with environmentally compatible development. It requires a number of changes and restructuring in specific areas for environment friendly development in this regard. Based on the conclusion, several recommendations are made to address the existing problems emphasizing amendment of Acts and Rules, completion of Master Plan, formulation of new Rules and development of policies for urban fringe areas.

Okresní školní inspektor a počátky státního dohledu nad obecným školstvím v Čechách v letech 1869–1873

The paper deals with the adoption of School Supervision Act from 1869 in Bohemia, taking into account both Czech and German speaking milieus. Using the example of appointment of District School Inspectors and looking into their activities, it analyses the system deficiencies and complications that the state authorities had to cope with in the first years after adoption and that, eventually, led into an amendment of the aforementioned act four years later. Apart from the inadequate organisational background and salary conditions of district inspectors, the paper points out the financial requirements that the school reform brought about and that had to be covered mostly by local municipalities. This fact significantly contributed to a generally passive or even negative attitude held by autonomous corporations as for the new school legislature implementation, which was enhanced by oppositional stance of Czech political representation.

Party Law-Making

The article assesses the possibility of the party›s participation in law-making. It is established that the understanding of law-making as the activity of the state to create and amendment of legislative act does not cover the entire diversity of the concept of law-making. Using concrete examples from the practice of the Communist Party in the Soviet State, it was proved that under certain historical conditions the party could perform the role of a law-making entity. At the same time, the scale of this role varied from ideological leadership to autonomous legislative activity. Depending on the role performed and the mechanism of the party›s introduction into the law-making process, five forms of participation are identified. The first form is designated as «Party initiative» and assumes that the party addresses the state body with an order, which in general terms or in detail determines which norms need to be given the character of legal. The extreme degree of the party›s interference in the law-making process within the framework of the party initiative presupposes the creation by the party of specifi c articles of the future legislative act. The second form is the offi cial participation of party structures in the law-making process as rightful subjects. In this case, a special «party» stage appears in the law-making process. At this stage, the party structure creates, amends, evaluates, or approves draft laws. It is impossible to bypass the party stage, this is considered a violation of the law-making process. The third form is the joint law-making activity of the party and the state, which can range from equal partnership to party dictate. The fourth form of participation is designated as «comprehensive law-making» since it combines features of several forms. The fi fth form is «Autonomous Party law-making». This is the creation of legal acts by the party, independent of the offi cial state legislator. According to their characteristics, these acts of the party comply with the requirements for regulatory legal acts. The result of the manifestation of this form of party participation in law-making is designated as a «party legal act».

Challenges and needed reforms in midwifery and nursing regulatory systems in India: Implications for education and practice.

BackgroundIn India, nursing regulation is generally weak, midwifery coexists with nursing, and 88% of nursing and midwifery education is provided by the private health sector. The Indian health system faces major challenges for health care provision due to poor quality, indeterminate regulatory functions and lack of reforms.MethodsWe undertook a qualitative investigation to understand midwifery and nursing education, and regulatory systems in India, through a review of the regulatory Acts, and an investigation of the perceptions and experiences of senior midwifery and nursing leaders representing administration, advocacy, education, regulation, research and service provision in India with an international perspective.ResultsThere is a lack of importance accorded to midwifery roles within the nursing system. The councils and Acts do not adequately reflect midwifery practice, and remain a barrier to good quality care provision. The lack of required amendment of Acts, lack of representation of midwives and nurses in key governance positions in councils and committees have restrained and undermined leadership positions, which have also impaired the growth of the professions. A lack of opportunities for professional practice and unfair assessment practices are critical concerns affecting the quality of nursing and midwifery education in private institutions across India. Midwifery and nursing students are generally more vulnerable to discrimination and have less opportunities compared to medical students exacerbated by the gender-based challenges.ConclusionsIndia is on the verge of a major regulatory reform with the National Nursing and Midwifery Commission Bill, 2020 being drafted, which makes this study a crucial and timely contribution. Our findings present the challenges that need to be addressed with regulatory reforms to enable opportunities for direct-entry into the midwifery profession, improving nursing education and practice by empowering midwives and nurses with decision-making powers for nursing and midwifery workforce governance.

일본의 도매시장법 개정이 우리 농안법에 미치는 영향에 대한 소고

The purpose of this paper is to examine the impact of the amendment of Japanese Wholesale Market ACT (Act No. 35 of 1971) in 2018 on our ACT on Distribution and Price Stabilization of Agricultural and Fishery Products (SAFact). Several facts have been confirmed for this purpose.BR First, the wholesale market and the legal system for agricultural and fishery products in Korea have been strongly influenced by Japan from the beginning. This influence does not seem to have changed much from Market Rules (Nr. 136) in 1914 to SAFact.BR Second, the contents of the enactment of Japanese Wholesale Market ACT and the revisions in 1999 and 2004 were confirmed, and the causes of these revisions were introduced. In addition, the revised contents of Japanese Wholesale Market ACT in 2018 were compared with the contents of 2014 revision. As a result of the amendment in 2018 we conclude that Japanese Wholesale Market has changed from a market that guarantees fairness to a market that pursues efficiency only.BR Third, we confirmed the structure of SAFact and introduced the amendment of SAFact since 2000. In addition, we tried to analyze the relationship between these amendments to the amendments of Japanese Wholesale Market ACT. We believe that the contents of the individual amendments have been strongly influenced by the amendments of Japanese Wholesale Market ACT in 1999 and 2004. Therefore the amendment of Japanese Wholesale Market ACT in 2018 is sensitive to our academic and business walkst.BR In conclusion, we analyzed whether these sensitive responses are valid from the view of Comparative Law. For this purpose, we introduced the meaning of comparative Law. In this regard, the Japanese wholesale market and our wholesale market are not comparable. It was also criticized that the introduction of various institutions under the influence of Japan into our SAFact was also done without comparative legal arguments. Therefore, we argued that we should no longer be bound by Japanese Wholesale Market ACT, but should form our own legal system.

The principle of treating expropriation as an ultima ratio measure in light of the amendment to the real property administration act of 4 April 2019, imposing a time limitation on restitution rights

The act of 4 April 2019 on the amendment of the real property administration act, which amends the r.p.a.a. in the field of restitution of expropriated property, among others, was essentially adopted to perform two decisions of the Constitution Tribunal (SK 39/15 and SK 26/14), which viewed certain heretofore solutions with criticism. The amendment act, which in addition to amending the unconstitutional provisions, also introduced institutions previously unknown to Polish expropriation legislation - the final date of submitting a request for restitution of an expropriate real property (art. 136(7)). The paper presents a thesis that an expropriated real property constitutes a „fixed-purpose” property, which means it may not be used for any other purpose than that specified in the expropriation decision or contract. Failure to complete this purpose, including its abandonment, means in fact that an unauthorised expansion of public resources occurred when utilising the realm of imperium.

Debaty o pamięci w kontekście relacji polsko‑żydowskich ostatniego stulecia Rezonans medialny wzajemnych stosunków na tle obchodów 50.rocznicy wydarzeń marca 1968 na łamach tygodników „Polityka” i „Sieci”

Celem podjętym w artykule jest przedstawienie w bardzo ogólnym zarysie stosunków polsko‑żydowskich w latach 1918—2018 oraz ich współczesnego obrazu kształtowanego w ramach dwubiegunowo prowadzonej narracji politycznej, określanej jako heroiczno‑nostalgiczna oraz krytyczna. Postaram się wykazać, że opowieści o wspólnych losach, wywierające wpływ na kształtowanie wizerunku naszego narodu, stały się obecnie kolejną linią ideologicznego podziału społeczeństwa polskiego. Trwa nieustający spór o różnym natężeniu na temat występowania antysemityzmu w dziejach niepodległej Polski, a intensywności nabiera przy okazji przywołujących ten problem bieżących wydarzeń, takich jak np. nowelizacja ustawy o Instytucie Pamięci Narodowej, obchody rocznic wyzwolenia obozu koncentracyjnego w Oświęcimiu, powstania w getcie warszawskim, wydarzeń polskiego Marca 1968 roku. W artykule przedstawię punkty sporne w historiografii wspólnych, polsko‑żydowskich, doświadczeń oraz analizę rezonansu medialnego niechlubnych wypadków marcowych, jaki — na łamach tygodników opinii „Polityka” i „Sieci” — powstał wiosną 2018 roku przy okazji obchodów 50. rocznicy tych wydarzeń.

'Naming, Blaming, Shaming and Amending' - What Can We Learn From The Israeli Prevention of Sexual Harassment Act, Within Physical and Virtual Spheres

Awareness of sexual harassment as an undesirable and harmful phenomenon was raised recently following the #MeToo movement. This “wake-up call” has driven women and men to come forward and profess instances, mainly in the media, in which sexual harassment occurred to them. Although U.S. courts recognized sexual harassment as illegal against all genders in Title VII, it does not mention the word “harassment” hence, unfortunately the phenomena remains largely unreported. Sexual harassment cases based on Title VII, are complicated and rely on different court decisions and EEOC guidelines that use many prior procedural conditions. This paper argues that specific acts that address the prevention of sexual harassment with a broad, up to date, theoretical based and preventive perspective are more accessible, understandable and ultimately enforceable beyond the workplace. This may lead to a better level of enforcement that will break the victims silence against their harassers. This paper discusses the Israeli approach, and how sexual harassment is tackled. Already coined as the most progressive law of its kind in the world, by enacting the revolutionary Prevention of Sexual Harassment Act, women and other victims of sexual harassment were able to take legal actions against harassers in an efficient and accessible manner. Following the legendary article of Felstiner, Abel & Sara, which there the authors address the transformation process by which injurious experiences turn into perceived grievances and ultimately disputes. The authors claim that transformation studies provide a spotlight to the alleged conflict in the U.S. and explore the question of whether these levels are deemed too low. This article further develops the transformation theory and analyzes the struggle against the sexual harassment epidemic via the Prevention of Sexual Harassment Israeli Act, according to four steps: “Naming, Blaming, Shaming and Amending”. “Naming” by identifying the harmful conduct, the hidden mechanism underneath and the outcome of excluding the victims. This is followed by broadly defining sexual harassment to target potential harassers. “Blaming”, by attributing guilt to the wrongdoer - the harasser, using enforceable legal steps within the workplace and courts. This results in enforcing legal sanctions against the harasser. “Shaming” an additional step, this is the process of attributing illegal and non-acceptable social values to the harassers, which include public figures. I argue that a further necessary step to keep the act relevant with the rapid evolving reality is “Amending”. An example for “amending” is the new appearance of sexual harassment in digital spheres. This has become a concern that does not go unnoticed, hence the Acts amendments and its inclusion in the definition of sexual harassment. In addition, the paper provides a theoretical analysis to the underlying harassment and explains both the phenomena in the real and virtual sphere, which excludes women from the workplace and public domain, while violating the rights and shares in the distribution of justice. This article not only joins other scholars and legal practitioners claiming that specific state laws can offer greater protections against sexual harassment, but also suggests a model to increase the enforcement level. While several States, such as California and recently New York have adopted Acts against Sexual Harassment, (which although is an important step forward, it still reflects a narrow perspective which focuses on antidiscrimination in the workplace) – many U.S. states still rely on Title VII, that requires complicated perquisite procedures by proving discrimination and upholding other prior conditions. Policy makers are urged to rethink the current U.S. legal regime that currently places hurdles when it comes to enforcement surrounding this phenomena.

Integration of Pharmacy Education and Pharmacovigilance: Scope and Challenges in India

Abstract: Aim: Pharmacy Council of India (PCI) and the All India Council for Technical Education (AICTE) are the two professional organizations which are presently regulating the pharmacy education in India. Curriculum change of pharmacy education has been undertaken by central government notification as per amendment of pharmacy act. Methods: All the information and data has been obtained from standard articles, books and official websites including current scenario and topics. Results: Introduction of Pharm. D program concerning the significance of Pharmacy Practice and clinical exposure for students is a remarkable step taken by PCI in the year 2008. Pharmacovigilance (PV) is the science, which maintains the safety and rational therapy, making an essential checkpoint for regulatory utilization and movement of drugs and medicines is main component of pharmacy practice. However, in spite of all the achievements regarding the significance of PV and its efforts, awareness and knowledge about rational utilization of drugs and its side effects is low. However, an aspect common to all developing countries, despite of economic level is that the PV education in universities is far below the minimum requirements to sustain an effective drug monitoring system. Conclusion: As future prospects increase, PV systems capable to detect new ADRs and taking regulatory actions are needed to protect public health which will achieved only by further strengthening the existence system and enhancing the quality of PV education. Key words: Pharmacovigilance, Pharmacy education, Awareness, Students Empowerment, Pharm. D, Career opportunities.

An Iraqi Refugee in the Australian Suburb in Ben Eltham’s The Pacific Solution

Ben Eltham’s The Pacific Solution (2013) deals with several issues such as nationalism, political intimidation, racism and stereotyping of Muslims. It critiques the Howard government’s hard-line policy with Asylum seekers and its amendment of the migration act, known as the ‘Pacific Solution’, which excludes offshore islands from Australia’s migration zone and undermines thereby refugees’ attempts to seek better chances of life. This is portrayed on stage through the reaction of three white Australian housemates to the arrival at their front door of an Iraqi refugee to apply for asylum. In this paper, I investigate the representation of cultural diversity in the play and argue that it is a critique of dysfunctional models of inclusion where persons from minor cultures are marginalised in the Australian national and social spaces. In so doing, I consider some of the concepts discussed in Ghassan Hage’s White Nation: Fantasies of White Supremacy in a Multicultural Society (2000), namely those of managerial capacity, tolerance, and the dialectic of inclusion and exclusion. In addition to critiquing the dysfunctional models of including Muslim refugees, the play examines their representation in the mainstream media and their treatment by the legal process in Australia. To explore the impact of this on Muslim refugees’ alienation and marginalisation, I investigate studies of the representation of Muslims in the Australian mass media and their relevance to the stereotyping of Muslims as terrorists in the play. Drawing on the above, I argue that, through this play, Eltham criticised the Howard government’s inhumane treatment of Asylum seekers and its dissemination of Australian norms as aligning with its premises.

저작권법상 침해간주규정의 재검토

저작권법상 침해간주규정의 재검토

Easement of support and the Party Wall Act: Misnomers and misunderstandings

This paper will examine in detail the area of law that applies to party walls by making comparison between the law before the emergence of the Metropolitan Buildings Act 1844 (including its successors) and its interaction with the said Act after its enactment. Hence, by critically looking at this area of law, it may be possible to see how Section 9 of the Party Wall etc. Act 1996 and its former counterpart (Section 54 of Part IV London Building Acts (Amendment) Act 1939) have been drafted. It would be fair to say that, generally, easements have been a rather complex area of law and are constantly evolving. Hence, it appears that it would have made a great deal of sense to avoid getting drawn into such an area of law within the ambit of the Party Wall Act. After all, the relative success of the said Act has been founded very much on its prescriptive nature. Accordingly, this paper will examine the foregoing inference.

Quest for internal party democracy in Nigeria: Amendment of electoral act 2010 as an albatross

The conduct of a credible election has been hinged on many factors. One of them is a well-developed internal party democracy. This assertion underscores the quest for internal democracy among the various political parties in Nigeria. Before the enactment of the Electoral Act 2010, stakeholders had argued that Nigeria needs an Electoral law that will incorporate procedures / steps that will guarantee internal party democracy. This explained the robust acceptance of the Electoral Act 2010. This Act, contained specific provisions dealing with internal party democracy particularly, as it affect the nomination of candidates for elections. The Act further provides that where these procedures are not followed, an aggrieved candidate can apply to the High Court of a State or the Federal High Court for redress. Also, the Act provides that where cases of non-compliance and violations of its provisions particularly those sections dealing with internal party democracy has been established before a court, the court is empowered by the Act to make an order directing the Independent National Electoral Commission (INEC) to withdraw the name(s) of such candidate(s) for that election. This paper therefore seek to examine the recent amendment to the Electoral Act 2010 particularly the sections dealing with the nomination of candidate for election and posit that the amendment were an albatross to the quest for internal party democracy in Nigeria. Key word: Credible election, political party, internal party democracy, Nigerian electoral acts.

Transformations in the Ownership of The Szczecin and Świnoujście Seaports Authority between 1991 and 2000

Transformations in the ownership of state owned companies in Poland a! er 1989 played a pivotal role in the general political transformation which took place in Poland at that time. Those ownership changes were an essential element of the political transformation of Poland. The process of transforming the country’s economy from central economic planning to free market economy was started by Tadeusz Mazowiecki’s government. On October 9, 1989, the Council of Ministers accepted a document Guidelines and Directions of Poland’s Economic Policy which aimed at stabilizing the country’s economy and at transforming its economic system. " e stabilization programme was supposed to be implemented by January, 1990.3 " e second stage of the governmental plan was planned for the years 1990–1991 and one of its main tenets was a transformation of ownership rights. Krzysztof Lis, the government’s plenipotentiary for ownership transformation, was responsible for the organization and legislation of the process of privatizing Polish economy. T. Mazowiecki’s cabinet prepared both a draft for the new amendment of the legal act concerning state owned companies and a dra! of a new act about privatizing state owned companies.

座談会 我が国の肝移植医療に与える改正臓器移植法のインパクト

座談会 我が国の肝移植医療に与える改正臓器移植法のインパクト

Patent Amendment Act 2005: Its Effect on Indian Pharmaceutical Company

India has a history of the patent acts starting form 1911. All happened was pre independence. The Patent Act, 1970 was the first patent act to the independent India. It had provision for only process patent but did not have any provision for product patent. Therefore the process could have been patented but not the end product which gave rise to the concept of reverse mechanism. Absence of product patent helped the Indian pharmaceutical industries to use this at their advantage and find out a drug of same specification by a different method. This helped the Indian Pharmaceutical industries to flourish. After India signed the TRIPS it was obliged to amend the patent act and introduce the product patent. The researcher in the article discusses how the signing of the TRIPS was detrimental to the interest of the Indian Pharmaceutical Industries and its effect on the Indian Economy. The researcher in his paper would also deal in details the amendment of the patent act and its pros and corns.